HomeMy WebLinkAboutD-1516-01 Vacate City Center Dr.Sponsor: Councilor Snyder
ORDINANCE NO. D-1516-01
Instrument
200100059758
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, VACATING CERTAIN PUBLIC RIGHTS-OF-WAY
WHEREAS, the City of Carmel, Indiana, is considering a proposed Ordinance
vacating certain rights-of-way with respect to City Center Drive, east and west of 3rd
Avenue SW, and adjacent to Parcels # 3 and # 6, of the City Center Project; and with
respect to Autumn Drive, west of 3rd Avenue, and adjacent to Parcel # 6 of the City
Center Project, all of which are located in the City of Carmel, Indiana (the "Proposed
Ordinance"); and,
WHEREAS, in the manner prescribed by Indiana Code 36-7-3-12 (c), the Clerk-
Treasurer of the City of Carmel, Indiana, gave notice of the Proposed Ordinance and of
the time and place of the public hearing on the Proposed Ordinance; and,
WHEREAS, a public hearing on the Proposed Ordinance was held by the
Common Council of the City of Carmel, Indiana (the "Council"), on the 21st day of May,
2001, and, following the presentation of evidence at said hearing, the Council now finds
as follows:
(a)
(b)
(c)
(d)
(e)
The City of Carmel Redevelopment Commission (the "Commission")
is the owner of parcels # 3 and # 6 of the City Center Project, located
in the City of Carmel, Indiana. The Commission intends to have the
various parcels redeveloped as separate projects. The vacation of
rights-of-way on City Center Drive and Autumn Drive will facilitate
the redevelopment of these parcels, as are further described in Exhibits
A and B attached hereto and made a part hereof by this reference.
The owner of the real estate abutting these public rights-of-way to be
vacated is the Commission.
No evidence of probative value was presented at the public hearing
held regarding these proposed vacations that was in opposition to
sanle.
It has been demonstrated by a preponderance of the evidence that the
vacation of these rights-of-way is in the best interests of the public.
The public rights-o~way with respect to City Center Drive and
Autumn Drive, as identified hereinabove, should be vacmed.
200100059758
Filed for Record in
HAMILTON COUNTY~ INDIANA
MARY L CLARK
09-20-2001 02:26 pm.
VACATION 31.00
NOW, THEREFORE, BE IT ORDAiNED by the Common Council of the City of
Cannel, Indiana, as follows:
i. Pursuant to Indiana Code 36-7-3-12, those portions of
the rights-of-way of City Center Drive, east and west of
3r~l Avenue SW, and adjacent to Parcels # 3 and # 6 of
the City Center Project; and of Autumn Drive, west of
3ra Avenue SW, and adjacent to Parcel # 6 of the City
Center Project, as are located in Carmel, Indiana and
identified in this Ordinance, are hereby vacated as
public rights-of-way and title to such vacated rights-of-
way hereby reverts to, and is vested in, the owner(s) of
the real estate abutting said rights-of-way.
2. This Ordinance shall be in full force and effect from and after
the date of its passage, signing by the Mayor and such
publication as is required by law.
of the City of Carmel, Indiana, thisl~/~ ~t. day
PPt~S~D by the Common Council
of }' g.0d~2001, by a vote of 7 ayesand O nays.
COMMON COU:~CIL FOR THE CITY OF CARMEL
]~IX'esiding .Qff, fiee~ ,~ ,~in...I~, Pr,e,~dent /
~.If. Rundle" - ~ ~
/,,,~nald E. CarteC - Wayne[ A. Wffso~
ATTESTED: ,
Diana L. Cordray, IAM~,_~ ~-Treasurer
._ ~ Presented by _me td~ e Mayor of the City of Carmel, Indiana, this t~
day of~P~_, 2001, at ~'-~L-' m. /~~.~
Diana L7 ~MC~,-,-,-,-,-,-,-,~-er~urer
Approved by me, the Mayor of the City of Carmel, Indiana, this
day of ~_~_, 2001, at .m.
~rh-es Brainard, Mayor
ATTE.~T:
Diana L. Cordray, IAMC~/Cler~-Treasurer
Prepared By: Douglas C. Haney, City Attorney, One Civic Square, Carmel,
Indiana 46032
Scale: 1"=80'
0 25 50 80 100
North Line Section 56 T18 N R3E
i~ ;¢ NE Corner NE 1/4
Previous Right-of-Way Line~ ~ ~
/
Parcel 3 =
/ / P.O.B.- ~ ~
/ /S17'28'51"E 52.50' / ^' ~o ~E
S89'45'35'W 29.51J
S00'14'24"E 50.42',
S43'41'¢0"W 2¢57
/N45'OO;OO"W 60.65' ' '
City Center Drive
,~revised West side of P~rcel 04/24/01
Area of Right of Way Vacation
EXHIBIT B-4
RETAIL PARCEL
· RIGHT-OF-WAY VACATION
CSOArchitects
Engineers&Interiors 1
20498_par3 20498
Exhibit B-4
Retail Parcel
Right-of-Way Vacation
A part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East,
Hamilton County, Indiana and more particularly described as follows:
Commencing at the brass plug marking the Northeast corner of the Northeast Quarter of
Section 36, Township 18 North, Range 3 East; thence South 89 degrees 12 minutes 13
seconds West (record bearing) 773.40 feet along the North line of said quarter section
to the West line of the right-of-way of the former Morion Railway; thence South 00
degrees 51 minutes 54 seconds East 98.19 feet along said right-of-way to the Point of
Beginning; thence South 00 degrees 51 minutes 54 seconds East 0.74 feet; thence
South 43 degrees 41 minutes 40 seconds West 15.59 feet; thence South 89 degrees 45
minutes 36 seconds West 29.31 feet; thence South 00 degrees 14 minutes 24 seconds
East 30.42 feet; thence South 43 degrees 41 minutes 40 seconds West 24.57 feet;
thence South 89 degrees 45 minutes 36 seconds West 260.26 feet; thence North 45
degrees 00 minutes 00 seconds West 60.66 feet; thence North 00 degrees 23 minutes
08 seconds West 44.16 feet; thence South 17 degrees 28 minutes 31 seconds East
52.50 feet; thence South 56 degrees 03 minutes 13 seconds East 48.71 feet; thence
North 84 degrees 02 minutes 57 seconds East 200.99 feet; thence North 73 degrees 42
minutes 04 seconds East 108.74 feet to the Point of Beginning and containing 7557
square feet more or less.
Certified: April 18, 2001 ' ed: April 24, 2001
Mi L. C ord, Registgr~d Land Surveyor,
No. 890004, State of Indiar~/
LAND DESCRIPTION
VACATION OF A PORTION OF 126TM STREET RIGHT-OF-WAY
Part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East, Clay
Township, Carmel, Indiana and more particularly described as follows:
Commencing at the Northeast Corner of the Nor[heast Quarter of Section 36, Township
18 North, Range 3 East; thence South 89 degrees 12 minutes 13 seconds West (bearing
from a survey by American Consulting, Inc. dated May 31, 2000) 1227.79 feet along the
North line of said Northeast Quarter Section to a point on the West right-of-way line of
Third Avenue Southwest; thence South 00 degrees 12 minutes 12 seconds West 16.59
feet along said right-of-way; thence South 02 degrees 09 minutes 13 seconds West
100.99 feet along said right-of-way line to the Point of Beginning; thence continuing
South 02 degrees 09 minutes 13 seconds West 22.26 feet; thence South 59 degrees 17
minutes 46 seconds West 29.91 feet; thence South 89 degrees 45 minutes 36 seconds
West 505.64 feet to the Point of Curvature of a curve being concave to the Northeast,
having a radius of 461.00 feet and a central angle of 11 degrees 50 minutes 22 seconds;
thence Northwesterly 95.26 feet to the Point of Tangency; thence North 78 degrees 24
minutes 01 seconds West 181.15 feet to the Point of Curvature of a curve being concave
to the Southwest, having a radius of 559.00 feet and a central angle of 11 degrees 35
minutes 58 seconds; thence Westerly 113.17 feet to the Point of Tangency; thence
North 90 degrees 00 minutes 00 second West 153.97 feet to the Point of Curvature of a
curve being concave to the South, having a radius of 749.00 feet and a central angle of
25 degrees 29 minutes 05 seconds; thence Southwesterly 333.15 feet to the West line of
said Nodheast Quarter Section; thence North 00 degrees 11 minutes 57 seconds West
12.15 feet along said West line to the existing North right-of-way line of 126th Street and
a point on a non-tangent curve being concave to the Southeast, having a radius of
760.00 feet and a central angle of 11 degrees 18 minutes 00 seconds thence
Northeasterly 149.89 feet along said North line to the Point of Tangency, the following
eight courses are along said North line; thence North 75 degrees 04 minutes 47 seconds
West 109.65 feet to a point on a non-tangent curve being concave to the South, having a
radius of 770.00 feet and a central angle of 5 degrees 36 minutes 30 seconds; thence
Easterly 75.37 feet to the Point of Tangency; thence North 90 degrees 00 minutes 00
seconds East 131.47 feet; thence South 81 degrees 01 minutes 50 seconds East 138.81
feet; thence South 78 degrees 24 minutes 01 seconds East 181.15 feet to the Point of
Curvature of a curve being concave to the Northeast, having a radius of 450.00 feet and
a central angle 11 degree 50 minutes 23 seconds; thence Easterly 92.99 feet to the
Point of Tangency; thence North 89 degrees 45 minutes 36 seconds East 487.7t feet;
thence North 59 degrees 11 minutes 23 seconds East 51.85 feet to the Point of
Beginning and containing 0.431 acres more or less.
~.'~/~Certified: March 6, 0 1
Michael L. Crawford, Professi,,~r~l Land Surveyor,
No. 890004, State of Indian¢ /
PETITION TO VACATE PROPERTY LOCATED ENTIRELY WITHIN THE
CORPORATE BOUNDARIES OF CARMEL, INDIANA
The Petitioner, Carmel Redevelopment Commission, does hereby respectfully
petition the common council of the City of Carmel, Indiana, for the vacation
of a portion of the platted rights-of-way located in the northwest and northeast
quadrants of the intersection of Carmel Drive and 3rd Avenue, and further
described in documents attached hereto related to Parcels #3 (Exhibit A) and
#6 (Exhibit B) of the City Center Redevelopment Project.
The Public Way being vacated is shown in Exhibit A and Exhibit B along
with Legal Descriptions thereto, and incorporated herein by this reference.
The Petitioner needs the Public Way vacated to assist in the development of
the City Center Project area by providing extra land to allow for a more
orderly and less congested development.
No individual, other than Petitioner, owns property that abuts the Public Way.
The Petitioner represents as follows:
A. The Public Way to be vacated will not hinder the growth or orderly
development of Carmel, nor of the neighborhoods contiguous to or in
which the Public Way is located.
B. The vacation of the Public Way will not leave any adjoining or interested
property owner(s) without access to their real estate by means of a public
way or street nor make such access difficult or inconvenient.
C. The vacation of the Public Way will not hinder the public's access to any
church, school, or other public building or place.
D. The vacation of the Public Way will not hinder the use of the Public Way
by any neighborhood in which it is located or to which it is contiguous.
WHEREFORE, the Petitioner prays for the vacation of the above described Public
Way.
Carm,~/~Redevelopment Commission
Signature
Printed Name
Date
Approved and Adopted this~ c/day of ~
,2001.
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
BY:
~trnes Brainard, May. or
Date: ~ --~-~ -~/
Date: / ~---~c,,
ATTEST:
Diana Cordray, Clerk-Tre~durer